電話
052-433-4100
問い合わせ
En/日本語
En/日本語

Consultation for Wrongful Dismissal and Visa Status

不当解雇

We are able to assist with the following cases:

  • Filing for compensation against the company
  • Fighting against the employer in Labor Tribunal
  • Changing visa status after lay-off

Need Help With A Legal Problem?

We, Nagoya International Law Office, welcome cases for illegal dismissal and lay-off, and immigration cases relating to illegal dismissal and lay-off. We are able to help in numerous cases, including the following:

  • I was a regular employee of the company and the company laid-off many staff. I want to know if the lay-off was legal or illegal? If it was illegal, what can I do against the wrongful lay-off?
  • I was working for a Japanese company as a fixed term employee. The company suddenly refused to renew my employment contract, even though the company had offered an employment contract for the next term. Can I claim any compensation against the company?
  • I have worked for a Japanese company under an engineer visa status, but the company dismissed me. My visa status expires after one year, but it is very difficult to find a new job in this economic situation. Can I keep my visa status?
  • I have worked for an English school under an international service visa status, but the school did not renew a fixed term employment contract. My visa status expires in two months, but it is difficult to find a new school in two months. How can I renew my visa status?

Online Legal Consultation is Available

In addition to in-person legal consultations at our office, we do provide legal consultations via video chat on the following services: Skype, Zoom, and WeChat. Contact us if you need to use a different video service. All video based legal consultations require payment in advance.


アイコン

Wrongful Dismissal

Resolutions

Lay-off must satisfy the following requirements. If not, such lay-off will be considered as an illegal dismissal. We, Nagoya International Law Office, can evaluate whether your dismissal is legitimate or not. If your dismissal was illegal, we will negotiate to reinstate your employee’s position or to get compensation.

Information

In the case of laying-off employees, the company must meet the following four requirements.

1, Necessity for Lay-off
The company must prove its business has a financial crisis. Unfortunately, this requirement is not so strict, and case law allows a rather broad discretion for the company.

2, Effort to Avoid Lay-off
The company must make efforts to avoid lay-off before the company lays off its employees. Examples of efforts are: reducing directors’ remuneration, stop recruitment, advertise voluntary retirement, change job tasks, and suspension from work. Lay-off should be the last resort.

3, Reasonable Selection
The company must meet reasonable standards to select who should be lay-off, and the actual selection has to be reasonable. For example, standards should be based on work performance, contribution to the company, age, family members, etc. The results of the selection should also be reasonable. If the company selects only foreign employees, it will not be reasonable.

4, Appropriate Procedure
The company must explain its situation, necessity of lay-off, outline or scheme of lay-off to its employees or union, and have discussions with employees. This requirement is crucial. Many lay-off cases have been found illegal because those lay-offs have not implemented these processes.
In addition to the above requirements, the company must provide notice one month prior to lay-off or pay one-month salary for immediate lay-off.

Our Service

We, Nagoya International Law Office, can hear your dismissal procedure and evaluate if the dismissal satisfies the above requirements. If not, we will represent you to negotiate with the company to reinstate your position as an employee or to get compensation. If the company refuses to compromise, we will file the case to the labor tribunal or the court.

アイコン

Frequent Q&A

Q.

Can Coronavirus be a reasonable reason for lay-off?

A.

It depends on the business situation. If the company business is a restaurant and the sales have decreased 50% of the previous year’s income, coronavirus can be a reasonable reason for lay-off. If your business is an English school and the lesson format has switched to video chat, coronavirus may not be a reasonable reason by itself.

Q.

What can I claim if my dismissal was illegal?

A.

’The law states a person unfairly dismissed may reclaim an employee position at the company and receive any unpaid salary. However, depending on the situation, it may be more beneficial to receive any unpaid salary, and settle for a portion of future salary (the equivalent of two to three months pay)

Q.

Can Foreign Nationals receive Unemployment Allowance (Hello Work Payment)?

A.

You can apply for and receive Unemployment Allowance if you satisfy the requirement; basically 12 months’ work in the last 2 years.

Q.

What is the Labor Tribunal and what are the procedures in the Labor Tribunal?

A.

Labor Tribunal is a special tribunal for individual labor disputes provided by the court. In the Labor Tribunal Procedure, the Labor Tribunal Committee seeks a solution in a suitable way through three (3) mediation sessions. If the mediation fails to reach an agreement, the Labor Tribunal Committee will make a decision. If one of the parties appeals the decision, the case will be transferred to the civil court.


アイコン

Non-renewal of the Fixed Term Employment Contract

Resolutions

Generally non-renewal of the fixed term employment contract is valid, but sometimes the company led the employee to believe their fixed term employment contract would be renewed. In the latter case, you can claim to have the employment contract renewed with the company. We, Nagoya International Law Office, can evaluate your situation and handle your case.

Information

Generally, a fixed term employment contract can be terminated by the end of each term within 5 years. If a fixed term employment contract has continued to renew for more than 5 years, the employee can apply to change his/her status from fixed term to an unlimited term contract, and the employer cannot refuse his/her application.
However, sometimes the company refuses to renew your fixed term contract, even though the company had offered the next fixed term employment contract. In this case, you will be able to argue that you had “reasonable expectations” for contract renewal based on the company’s attitude.

Our Service

We, Nagoya International Law Office, can evaluate your case and represent you in negotiating your renewal of fixed term employment contract or for compensation.

アイコン

Frequent Q&A

Q.

If my total fixed term contract period is more than 5 years, can I apply for an unlimited employment contract?

A.

Generally, the answer is yes. In some circumstances, the standards differ, for example, if you are a fixed term university professor, an assistant professor, or a lecturer, you will get the application right after more than 10 years. If your employment period has six-months or more of a “cooling period,” your employment period will start once the cooling period has finished.

Q.

If I am an employee of a temporary staffing company, can I still apply for an unlimited employment contract after 5 years?

A.

If you have been employed more than 5 years by the same temporary staffing company, you can apply for an unlimited employment contract to the temporary staffing company. However; if you have been dispatched to the same company from two different temporary staffing companies for a total of 5 years, you will not be able to meet the 5 years requirement.


アイコン

Visa Status after Dismissal

Resolutions

Generally, you can look for a new job while staying in Japan with your current visa status, even though you were dismissed by the employer. You will also be able to change your visa status to “Designated Activities” or “Temporary Visitor,” even if your visa period expires while you are looking for a new job.

Information

If your visa status is “Permanent,” “Long term,” “Spouse of Japanese,” or “Spouse of Permanent Resident,” dismissal itself does not impact your visa status. When you apply for renewal of your visa status, you have to prove you have a certain amount of income to support your family. However, if your unemployment period is short, it will not be a significant problem.
If your visa status is “Engineer/Specialist in Humanities/International Services”, “Skilled Labor”, or “Specified Skilled Labor” (so-called “Working visa”), you have to seek new employment which matches your visa status by the next visa renewal. However; please note your visa will be canceled if you are not employed for 3 months continuously.
If your visa status period ends before you find a new job, you still can apply “Designated Activities” visa status to seek a new job. However; it depends on your situation, for example, the reason for dismissal and length of unemployment period may influence whether immigration grants a new “Designated Activities” visa status.

Our Service

We, Nagoya International Law Office, will help to change or extend your visa status with your new employer. If you cannot find a new employer within the timeframe, we will negotiate to get “Designated Activities” visa status for the job-hunting period with the immigration office.

アイコン

Frequent Q&A

Q.

If I was dismissed from my employer and cannot find a new job until my visa renewal period, should I return to my country?

A.

You still have a chance to get a “Designated Activities” visa status for job-hunting for a short time. Please contact us.

Q.

Can foreign nationals receive Unemployment Allowance (Hello Work Payment)?

A.

You can apply and receive Unemployment Allowance if you satisfy the requirement; basically 12 months’ work in the last 2 years.